PARIMAL HASMUKHBHAI TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (the Code), the petitioner has prayed for the following substantive reliefs :

(2.) THE facts of the case stated briefly are that the petitioner herein is the Vice Chancellor of the Gujarat University and the respondent No.4 herein is the original complainant, who is a Professor in the L and C Arts College and is also Member of the Gujarat University Senate. The respondent No.4 herein (hereinafter referred to as Sthe complainant) had lodged a complaint before the Gujarat University Police Station, which came to be registered as a First Information Report vide II C.R. No.3042/2008 alleging commission of the offence under Section 3(1)(x) of the Schedule Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act). It is the aforesaid First Information Report of which quashment is sought for by way of the present petition.

(3.) THIS matter had come up for hearing initially on 12th May, 2008, whereupon the complainant who was present before the Court had prayed for time to file his reply in response to the petition. Hence, the matter was adjourned, however, the petitioner was granted some interim protection by directing that, in the meanwhile, the petitioner shall cooperate with the investigating agency, however, no coercive action shall be taken against him. Thereafter, the matter was adjourned from time to time, and on 21st May, 2008, notice was issued which was made returnable on 17th June, 2008. All throughout the protection given by order dated 12th May, 2008 continued. The matter has now come up for admission and hearing on the question of interim relief.